Chapter 2.36
PUBLIC DEFENDER
Sections:
2.36.010 Establishment of district.
2.36.030 Functions, duties and powers.
2.36.040 Compensation and support services.
2.36.050 Governing regulations.
2.36.060 Duties and responsibilities of counsel.
2.36.070 Conflict of interest.
2.36.080 Training, supervision, monitoring and evaluation of attorneys.
2.36.085 Qualifications of counsel.
2.36.090 Disposition of client complaints.
2.36.095 Cause for termination or removal of attorney.
2.36.005 Purpose.
It is declared a public purpose that each citizen is entitled to equal justice under law without regard to his ability to pay. It is the intention of Skagit County to make publicly financed legal services available to the indigent and the near indigent person in all matters when the individual is charged with an offense for which, if convicted, he could be incarcerated. It is also the intention of Skagit County to make such services available in an efficient manner which provides adequate representation at reasonable costs to the county. (Ord. 13071 (part), 1991)
2.36.010 Establishment of district.
There is created the Skagit County Public Defender District. (Ord. 13071 (part), 1991)
2.36.015 Eligibility.
The Office of Assigned Counsel shall make an investigation and determination of eligibility for all requests for legal defense services through the Office of Public Defender. (Ord. 13071 (part), 1991)
2.36.020 Recoupment.
The Office of Assigned Counsel may secure reimbursement from eligible persons, through the program where such persons can afford to pay some or all of the costs to Skagit County of providing them such legal defense services. (Ord. O20250015 Exh. 1; Ord. 13071 (part), 1991)
2.36.030 Functions, duties and powers.
The functions, duties and powers of the Office of Public Defender shall be as prescribed by the Revised Code of Washington Chapter 36.26, and other applicable laws of the State of Washington and Skagit County. (Ord. 13071 (part), 1991)
2.36.040 Compensation and support services.
The Office of Public Defender shall receive such compensation as shall be provided for in the annual current expense budget of Skagit County. Compensation will be based upon the training, experience, and level of responsibility of the attorney. Skagit County shall also provide the Office of Public Defender with adequate numbers of investigators and support staff to insure the effective performance of defense counsel during trial preparation, in the preparation of dispositional plans, and at sentencing. (Ord. 13071 (part), 1991)
2.36.045 Staff.
The Office of Public Defender shall have a Director and such staff as may be provided for in the annual current expense budget of Skagit County. The Public Defender shall have sufficient staff to properly carry out all obligations under this Chapter and consistent with applicable legal requirements. (Ord. O20250015 Exh. 1; Ord. 13071 (part), 1991)
2.36.050 Governing regulations.
The Office of Public Defender for Skagit County will be governed by all laws and ordinances of Skagit County and the laws of the State of Washington. (Ord. 13071 (part), 1991)
2.36.060 Duties and responsibilities of counsel.
All attorneys employed by the Office of Public Defender shall provide defense services to all clients in a professional, skilled manner consistent with standards set forth by the American Bar Association, Washington State Bar Association, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel’s primary and most fundamental responsibility is to promote and protect the stated interest of the client. (Ord. O20250015 Exh. 1; Ord. 13071 (part), 1991)
2.36.065 Caseload limits.
The caseload of the Office of Public Defender should allow each lawyer to give each client the time and effort necessary to ensure effective representation. The Public Defender should not accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. The caseload of a deputy public defender shall be in compliance with applicable legal requirements. (Ord. O20250015 Exh. 1; Ord. 13071 (part), 1991)
2.36.070 Conflict of interest.
The Director of the Office of Public Defender shall notify the Office of Assigned Counsel Coordinator of any apparent conflict of interest in any particular case, and the Office of Assigned Counsel shall, in turn, assign such cases to outside firms. (Ord. 13071 (part), 1991)
2.36.075 Expert witnesses.
Reasonable compensation for expert witnesses necessary to the preparation and presentation of the defense case shall be provided in the professional services budget of the Office of Public Defender. All expenditures from this fund must be approved by the Director of the Public Defender Office. (Ord. 13071 (part), 1991)
2.36.080 Training, supervision, monitoring and evaluation of attorneys.
Public Defenders should participate in regular training programs on criminal defense law, including a minimum of 7 hours of continuing legal education annually in areas relating to their public defense practice. The Office of Public Defender shall provide supervision for the staff attorneys. Supervisory responsibilities shall be carried out by the Senior Deputy, Chief Deputy and the Director. The Office of Public Defender shall follow the procedure established by Skagit county for systematic monitoring and evaluation of attorney performance based upon published criteria in the Skagit County Personnel Policies and Procedures Manual. Attorneys should be evaluated on their skill and effectiveness as criminal defense lawyers. (Ord. 13071 (part), 1991)
2.36.085 Qualifications of counsel.
In order to ensure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services shall meet the minimum professional qualifications as set forth in applicable requirements. (Ord. O20250015 Exh. 1; Ord. 13071 (part), 1991)
2.36.090 Disposition of client complaints.
It shall be the responsibility of the Office of Public Defender to respond promptly to client complaints. The attorney handling the case should be the first person to deal with the complaint. If the client feels that he has not received an adequate response, the Director of the office shall deal with the client complaint and respond accordingly, depending on the nature of the conduct complained of. The Director should inform the complaining client as to the disposition of the complaint within a reasonable period of time. If the client feels dissatisfied with the evaluation and response received, he should be advised of the right to complain to the Washington Bar Association. (Ord. 13071 (part), 1991)
2.36.095 Cause for termination or removal of attorney.
Termination of an attorney in the Office of Public Defender following the six month probationary period set forth in the Skagit County Personnel Policies and Procedures Manual shall be for good cause. (Ord. 13071 (part), 1991)
2.36.100 Severability.
Should any part of this chapter be declared illegal, the validity of the remaining provisions shall not be affected. And should it appear that any provision of this chapter is in conflict with any statutory provision of the State of Washington, then said chapter provision shall be deemed to be inoperative and null and void insofar as they are in conflict therewith and shall be modified to conform to such statutory provision. (Ord. 13071 (part), 1991)